Category: Cheque Dishonour

Dishonour of cheque – Setting aside of conviction and sentence – Settlement between with parties – Respondents will have no objection as the outstanding amount has already been received by them – Conviction and sentence under Section 138 of the Negotiable Instruments Act is set aside

SUPREME COURT OF INDIA DIVISION BENCH R VARATHARAJAN — Appellant Vs. RAMASAMY — Respondent ( Before : Vikram Nath and Sanjay Kumar, JJ. ) Criminal Appeal No 1698 of 2023…

Dishonour of cheque – Liability – the criminal proceedings under Section 138 of the NI Act will stand terminated only in relation to the corporate debtor if the same is taken over by a new management – Section 138 proceedings in relation to the signatories/directors who are liable/covered by the two provisos to Section 32A(1) will continue in accordance with law.

SUPREME COURT OF INDIA DIVISION BENCH AJAY KUMAR RADHEYSHYAM GOENKA — Appellant Vs. TOURISM FINANCE CORPORATION OF INDIA LIMITED — Respondent ( Before : Sanjay Kishan Kaul and Abhay S.…

Dishonour of cheque – Transfer of case from one state to another state – Power of SCOI Court to transfer pending criminal proceedings under Section 406 Cr.P.C. does not stand abrogated thereby in respect of offences under Section 138 of the Act of 1881 – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH YOGESH UPADHYAY AND ANOTHER — Appellant Vs. ATLANTA LIMITED — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. ) Transfer Petition (Criminal)…

Cheque Dishonour – Company – By virtue of the office they hold as Managing Director or Joint Managing Director, these persons are in charge of and responsible for the conduct of business of the company. HELD Merely being a director of a company is not sufficient to make the person liable under Section 141 of the Act. A director in a company cannot be deemed to be in charge of and responsible to the company for conduct of its business

SUPREME COURT OF INDIA DIVISION BENCH PAWAN KUMAR GOEL — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Krishna Murari and Bela M. Trivedi, JJ. )…

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